State Employees

Plain English Breakdown

The bill summary and official digest indicate that this legislation only clarifies the definition of 'working day' without altering existing provisions for military leave benefits or compensation rules beyond defining 'working day'.

Clarifying Military Leave for State Employees

This bill changes Tennessee's laws about military leave for state employees by defining 'working day' as the number of hours an employee is scheduled to work in a 24-hour period.

What This Bill Does

• Defines 'working day' as the number of hours an employee is supposed to work each day.

Who It Names or Affects

• State employees who are part of any reserve component of the U.S. armed forces, including members of the Tennessee National Guard.
• Educators in public schools who are also part of military reserves and can use sick leave instead of annual leave when called to active duty.

Terms To Know

Reserve component

A part-time unit within the U.S. armed forces that members can join while having a civilian job.

Working day

The number of hours an employee is scheduled to work in one day, as defined by their employer.

Limits and Unknowns

• This bill does not change the current rules about military leave for state employees; it only clarifies what a 'working day' means.
• It's unclear how many Tennessee state employees will be affected since it depends on who is part of military reserves.

Official Summary Text

Present law requires that state employees who are members of any reserve component of the United States armed forces, including members of the Tennessee army and air national guard, (collectively: "members") are entitled to a
leave of absence from their respective duties without the loss of any rights or benefits to which such members would otherwise be entitled for all periods of military service during which they are engaged in the performance of duty or training in the ser
v
ice of this state, or of the United States, under competent orders. An officer or employee, while on such leave, must be paid salary or compensation for a period, or periods, not exceeding 20 working days in any one calendar year, plus such additional da
y
s as may result from any call to active state duty by the governor in the case of emergency.

Present law requires that such military leave must be unaffected by the date of employment or length of service and must have no effect on other leaves provided
by law, regulation, policy, or practice.

After the 20 working days of full compensation, present law authorizes the following additional methods of compensation:



Any public employer may provide partial compensation to its employees while under competent orders.



Members may use up to five days of sick leave in lieu of annual leave for the purposes of not having to take leave without pay.



An educator who is a member may use any accumulated sick leave in lieu of annual leave for the purposes of not having to take leave without pay when called into active duty. An educator may use up to five days of an initial allotment of sick leave. As used in this bill, an "educator" means a teacher, principal, supervisor, or other individual required by law to hold a valid license of qualification for employment in the public schools of this state.

This bill clarifies that, as used in the present law described above, a "working day" means the number of hours an employee is scheduled to work in a 24-hour period.

Current Bill Text

<BillNo> <Sponsor>

HOUSE BILL 97
By Moon

HB0097
001107
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 8,
Chapter 33, relative to state employees in military
service.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-33-101, is amended by adding the
following as a new subdivision:
( ) "Working day" means the number of hours an employee is scheduled to work
in a 24-hour period.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.